National Federation of the Disabled- Nepal (NFD-N) has filed a writ to the Supreme Court to ensure political rights of Person with Disabilities, on 8th October 2017.
The writ, jointly registered by Mr. Shudarson Subedi, president of NFD-N and Mr. Dhan Prasad Neupane, resident of Garjyangkot-6, Jumla, has claimed that the provisions related to the representation of persons with disabilities in the House of Representatives and Provincial Parliament mentioned in the sub section 5,6 of section 28 of House of Representative Election Act, 2074 and Provincial Parliament Election Act, 2074 has limited and deteriorated the rights of persons with disabilities to have representation in the House of Representative and Provincial Parliament which is completely against to the provision ensured by the Constitution of Nepal in the sub-article (1), (3) of the article 42, section (b) sub-article (1) of article 84, sub-article (2) and (3) and section (a), (b) of sub-article 1, article 176, sub-article (6), (7) . It has further claimed that, this is also against the sentiment and spirit of the provision ensured in the article 29 of the Convention on the rights of Persons with Disabilities (CRPD) which is also ratified by Nepal.
According to the claim, the constitution of Nepal has ensured the compulsory provision to represent persons with disabilities in the house of representative and provincial parliament through the proportional election system but the provisions made to implement those constitutionally ensured rights in the acts related to the election of House of Representative and Provincial Parliament are not in line with the constitutional provisions. The provisions mentioned in the acts cannot ensure the compulsory representation of persons with disabilities which conflicts with the provisions of the constitution.
The writ was filed making Prime Minister, Office of the Council of Ministers, legislative Parliament, Secretariat of Legislative Parliament, Election Commission Nepal, different political parties representing in the existing legislative parliament etc. as opponent with the demand of the following two main orders from the Supreme Court.
a) Not to register or accept the close list of candidates without the representation of persons with disabilities submitted by the political parties to the Election Commission
b) Correct the provisions of acts related to the election of house of representative and provincial parliament and make it in line with the spirit and sentiment of the Constitution of Nepal.
The first hearing on the writ in the Supreme Court is fixed on 9th October 2017.